MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 17, 2015

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1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 17, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Councilmembers Fields, Bakken, and Tilley. Councilmember Hansen was absent. A regular meeting of the Eagan City Council was held on Tuesday, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Bakken, and Tilley. Councilmember Hansen was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott, City Clerk Scipioni, and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATION City Administrator Osberg noted it is a pleasure to recognize the combined efforts of DataBank, Dakota Electric and the City of Eagan who received an award from the Economic Development Association of Minnesota at the Excellence in Economic Development Awards ceremony held on January 22, 2015 in Brooklyn Park. Communications Director Garrison noted last June the City Council approved actions in securing the commitment of Dallas-based DataBank to open a major new 88,000 square foot data center in Eagan. Since 2011 it has been a Council goal to secure a specialized data center to Eagan. Garrison introduced Mark Lofthus of Dakota Electric, who explained the significance of the award. Lofthus presented the award to Kevin Ooley and Kris Edinger of DataBank, Mayor Maguire and Director of Community Development Hohenstein of the City. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented: Aye:4 Nay: 0 A. It was recommended to approve the minutes of March 3, 2015 regular City Council meeting. B. There were no personnel items. C. It was recommended to approve the check registers dated February 27 and March 6, D. It was recommended to approve the ordinary and customary contract with the Minnesota Department of Agriculture and contracts for 2015 Market Fest entertainment. E. It was recommended to schedule a Public Hearing on April 7, 2015 to consider approval of public financing assistance to DataBank LLC for the development of a colocation data center

2 2 page at 3255 Neil Armstrong Boulevard, including an application for a Minnesota Department of Employment and Economic Development Minnesota Investment Fund forgivable loan. F. It was recommended to approve pool of Consultant Service providers for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the collection of businesses, and authorize the City Planner and/or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. G. It was recommended to approve a Final Plat for Trinity Lone Oak Lutheran Church to create one lot upon 9.5 acres located at 2950 Highway 55. H. It was recommended to receive the bids for Contract (2015 City Well Rehabilitation Water System Improvements) and award a contract to Bergerson-Caswell Company for the base bid in the amount of $102,250.00, and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to approve an agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grand Program, and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to receive the bids for Contract (2015 City-wide Sewer Lining Sanitary Sewer Improvements), award the contract to Insituform Technologies USA, Inc. for the Base Bid in the amount of $156,160.80, and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to receive the bids for Contract (Manhole Sealing (Inflow and Infiltration Mitigation) Sanitary Sewer Improvements), award the contract to Ess Brothers and Sons, Inc. for the bid amount of $21,150.00, and authorize the Mayor and City Clerk to execute all related documents. L. Item was removed. M. It was recommended to approve a Joint Powers Agreement with the Dakota County Transportation Department for Project 1141 (Elrene Road Street Improvements), and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve a Force Account Agreement with the Minnesota Department of Transportation for Projects 923 and 1011 (Contract 14-04, TH 55/TH 149 Traffic Capacity and Safety Improvements) and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve contracts with consulting engineering firms for General Municipal and Technical/Specialty Services, and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve plans and specifications for Fire Station Four remodel and authorize advertisement for bid. Q. It was recommended to approve a resolution authorizing the Mayor and City Clerk to execute ordinary and customary contracts by electronic signature. R. It was recommended to approve the 2015 July 4 th fireworks display contract with RES Specialty Pyrotechnics in the amount of $25,000.00, and authorize the Mayor and City Clerk to sign all appropriate documents subject to City Attorney approval. S. It was recommended to authorize the Eagan Rotary Club to place Rotary Club International signs on specified Welcome to Eagan signs as approved by Public Works staff, Dakota County or the Minnesota Department of Transportation (MnDOT). T. It was recommended to adopt a resolution approving an Exempt Permit for the YMCA of the Greater Twin Cities to conduct a raffle on June 28, 2015 at Cascade Bay, 1360 Civic Center Drive.

3 3 page U. It was recommended to approve a resolution to accept a donation of $ from Honeywell and $ from Dakota Electric Association for a total of $ for the purpose of purchasing a replacement portable sound system for the Eagan Puppet Wagon for use at Parks & Recreation community events and to authorize the necessary budget adjustment and direct the Mayor and City Clerk to sign the appropriate documents. V. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan Athletic Association to conduct a raffle on May 8-10, 2015 at 4201 Lexington Avenue. W. It was recommended to adopt a resolution approving an Exempt Permit for the Eagan Athletic Association to conduct a raffle on June 12, 2015 at 1540 Deerwood Drive. There were no public hearings to be heard. PUBLIC HEARINGS OLD BUSINESS Ordinance Amendment Bee Keeping City Administrator Osberg introduced the item noting the Council is being asked to approve an Ordinance Amendment to allow for bee keeping on single family residential properties subject to the standards outlined in the draft ordinance, and to approve a resolution establishing a fee for beekeeping permits. City Planner Ridley gave a staff report. City Clerk Scipioni was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance amendment to Chapter 10 to allow bee keeping on single family residential properties subject to the standards outlined in the draft ordinance. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a resolution establishing a fee for beekeeping permits. Aye: 4 Nay: 0 Ordinance Amendment Indoor Shooting Ranges City Administrator Osberg introduced the item noting the Council is being asked to approve an Ordinance Amendment to allow for indoor firearms shooting ranges in Industrial Zoned properties subject to the standards outlined in the draft ordinance, and to approve a resolution establishing fees for indoor firearms shooting range licenses. City Planner Ridley gave a staff report. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion

4 4 page Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to Chapters 6, 10 & 11 to allow for indoor firearms shooting ranges in Industrial Zoned properties subject to the standards outlined in the draft ordinance. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a resolution establishing fees for indoor firearms shooting range licenses. Aye: 4 Nay: 0 NEW BUSINESS Rezoning and Preliminary Subdivision (Willow Ridge) Alliant Engineering City Administrator Osberg introduced the item noting the Council is being asked to approve a rezoning of five acres from Agriculture, to R-1S Residential Single, on property located at 1085 Wescott Road, a rezoning from Planned Development, to R-1S Residential Single, on property located at 1055 Wescott Road, and a preliminary subdivision to create 15 lots upon 10 acres. City Planner Ridley gave a staff report. The applicant, Clark Wicklund of Alliant Engineering, was available for questions. Mayor Maguire opened the public comment. Dan Enders, 3716 Cardinal Way, Steve Wolfrath, 3720 Cardinal Way, and Sue Vruno, 3708 Cardinal Way addressed the Council with their concerns regarding R-1S zoning, drainage issues, wetlands impact, structure setbacks, loss of privacy, and tree loss. Staff responded to their concerns. There being no further public comment, the Mayor turned the discussion The Council discussed the Rezoning and Preliminary Subdivision. Councilmember Fields stated she would like to see a condition to provide street flagging of construction vehicles during grading of the site. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from A, Agricultural, to R-1S, Residential Single Small Lot upon approximately five acres located at 1085 Wescott Road, north of Wescott Road and east of Lexington Avenue. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from PD, Planned Development, to R-1S, Residential Single Small Lot upon approximately five acres located at 1055 Wescott Road, north of Wescott Road and east of Lexington Avenue. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Willow Ridge) to create 15 lots upon approximately 10 acres located at 1055 and 1085 Wescott Road, north of Wescott Road and east of Lexington Avenue, subject to the following conditions as amended: Aye: 4 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, B4, C1, C2, C3, C4, E1, F1, G1, H1, I1, L1 2. The property shall be platted. 3. The applicant shall fulfill tree mitigation requirements through the installation of sixty-four (64) Category A trees.

5 5 page 4. The applicant shall ensure the survival of preserved trees which are the ones shown on their plans and trees located on adjacent land via protection of the tree s critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. Also, a Tree Health Management Plan shall be provided by the applicant for situations where grade limits encroach into critical root zones of preserved trees. This plan shall be provided to the City for review and approval prior to any onsite work. 5. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 6. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 7. The striping on Wescott Road shall be modified to provide an eastbound left turn lane in a manner acceptable to the City Engineer 8. An encroachment agreement shall be provided for all retaining walls located in drainage and utility easements in a form acceptable to the City Attorney. 9. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. The applicant shall fully meet Minn. Rules Ch (Wetland Conservation Act requirements) and City Code (Wetlands Protection and Management Regulations). 11. This development shall dedicate drainage & utility easements over the storm water basins to three feet in elevation above the calculated high water level (1% event) of those storm water facilities, or to two feet in elevation above the calculated high water level (1% event) where emergency overland flow is provided in accordance with City Engineering standards. 12. The applicant shall provide a minimum of 15-foot-wide unobstructed equipment access path (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street-edge to all stormwater facilities inlets/outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the storm water facilities. 13. This development shall meet the City s Post Construction Requirements (City Code 4.33) for stormwater management and surface water quality for Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and ½ Volume Control on the site s impervious surface area. 14. The applicant shall provide adequately sized pre-treatment (forebays, catch basin 4 sumps, etc.) at, or immediately upstream of, all stormwater management facility inlets (pond) to provide for effective capture and easily-accessible cleanout of fine-sand sized particles. These details shall be included in applicable plan sheet(s). 15. Before the city issues any Certificate of Occupancy and/or Stormwater Facility Performance Security release on the development site, the applicant shall provide the City Engineer as-built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (pond, etc.) conform to design and/or construction plans, as approved by the City. As-built volumes (for detention and retention) shall be provided for the stormwater

6 6 page management facilities (pond). The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 16. The developer shall abandon all existing well and septic systems within the site in accordance with City and County standards. 17. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 18. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood. The applicant shall provide such a plan for review and approval by City staff, for incorporation into the Final Subdivision Agreement. 19. The applicant shall provide a conservation easement, in a form acceptable to the city attorney, over the wetland buffer areas. 20. This development shall be subject to cash trail dedication based on the net increase of 13 dwelling units. The dedication for residential development shall be payable prior to release of the final plat for recording at the rates then in effect. 21. The applicant shall provide an encroachment and maintenance agreement for the proposed landscaping within the public right-of-way (cul-de-sac island), in a form acceptable to the city attorney. 22. Tree protection fencing shall be placed at the Drip Line or perimeter of the Critical Root Zone of all offsite trees. 23. The developer shall provide flag service for safety on Wescott Road during grading activity to the satisfaction of the Department of Public Works. Comprehensive Guide Plan Amendment (MN Autism Center) Ryan Companies US, Inc. City Administrator Osberg introduced the item noting the Council is being asked to give consideration of submittal to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from Mixed Use to Public/Quasi-Public of 6.5 acres located at 3800 Tesseract Place. City Planner Ridley gave a staff report. The applicant, Dan Mueller of Ryan Companies US, Inc., gave a brief background of the organization and reason for the expansion, and stated he was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion Councilmember Fields moved, Councilmember Bakken seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from MU (Mixed Use) to QP (Public/Quasi-Public), upon approximately 6.5 acres generally located west of 3800 Tesseract Place. Aye: 4 Nay: 0

7 7 page Planned Development Amendment Eagan Outlet Partners, LLC City Administrator Osberg introduced the item noting when the City Council approved the Planned Development Amendment for Twin Cities Premium Outlets Paragon it included certain designs of the screen walls that are along the perimeter of the campus. The applicant is asking for a modification of the Planned Development. City Planner Ridley gave a staff report. Paul Reed, representing Paragon Outlets, explained the original design of the screen wall grills, and the structural and practical reasons why changes were made to the screen wall grill design during the construction phase. Mayor Maguire stated his concern of meeting the architectural design standards established in the Planned Development Agreement, noting the proposed design does not meet those standards. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion The Council discussed the planned development amendment. After further discussion, the Council consensus was the proposed screen wall did not meet the architectural design and purpose of the original plans approved as part of the planned development and suggested the developer should explore other alternatives and bring options back to a future Council workshop for consideration. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the Planned Development Agreement for modification to the screen wall grillwork for property located at 3965 Eagan Outlets Parkway, legally described as Lot 1, Block 1, Paragon Addition to the May 12, 2015 Special City Council Workshop, and to be included on the May 19, 2015 regular City Council meeting agenda for formal consideration. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:15 p.m. Aye: 4 Nay: 0

8 8 page Date Mayor City Clerk